A judge today dismissed the indictment against Bobby Lavon Buckner in the 2003 abduction and slaying of 12-year-old Ashleigh Moore.

Chatham County Superior Court Judge Penny Haas Freesemann, in a 36-page order entered this morning, said the defendant's sixth amendment right to a speedy trial had been violated by repeated delays and ordered his discharge in the case.

The judge said she had "struggled with the issues in this motion ... because the remedy for a violaton of the defendant's sixth amendment right is so extreme. Nonetheless, 'it is the only possible remedy ' allowed under the law."

By law, District Attorney Larry Chisolm can appeal the ruling to the Georgia Supreme Court. Chisolm was not immediately available for comment today.

Buckner remains the Chatham County jail under sentence in another crime.

Buckner, the 36-year-old live-in boyfriend of Ashleigh’s mother, Michelle Moore, had been scheduled for trial on June 11 on charges of murder and kidnapping with bodily injuries.

The victim, an honor student at DeRenne Middle School, disappeared from her 6 Weiner Drive home Early April 18, 2003. Her body was found about three weeks later near the Savannah Marriott Riverfront on General McIntosh Boulevard.

Freesemann found that Buckner was not indicted in the crimes until Dec. 12, 2007, and that since the first indictment about 53 months have passed without Buckner being tried. "The court finds a delay of 53 months is indeed presumptively prejudicial," the judge ruled.

Buckner was subsequently indicted two more times and the state announced it would seek the death penalty on April 4, 2011, a request it subsequently abandoned. That annoucement resulted in the case being moved from Judge Perry Brannen Jr. to Freesemann under the local rules and prompted additional delay.

It also brought in defense attorney Newell Hamilton Jr. and his team from the Georgia Capital Defender's Office and a wave of more than 100 pre-trial motions. Freesemann blamed the delays on both defense attorneys and the prosecution, but said the "uncommonly long delay, the reasons for the delay and the defendant's suffering prejudice as a result of the delay all weight against the state."

"The general conduct and behavior or the state since April 4, 2011, is both remarkable and troubling," she said.

But, she said, "the court finds that the defendant's late assertion of his right to a speedy trial weighs significantly against the defendant.

And Chatham County jail officials also took a hit for what Freesemann said was the "repeated failure of the Chatham County Detention Center to obey this court to hold (Buckner) at the Chatham County Detention Center until the final disposition of his case, thus preventing him from assisting his counsel in the preparation of his defense."

At the same time, Freesemann noted that Buckner would be incarcerated regardless of the pending indictment and has previously been convicted and sentenced for a variety of other crimes.

For more, pick up Thursday's Savannah Morning News or come back to savannahnow.com.

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what in the world is this judge thinking about? Chatham County Superior Court Judge Penny Haas Freesemann said the defendants sixth amendment right to a speedy trial had been violated and ordered his discharge in the case. What about this little girl's right to live? This monster killed in cold blood after kidnapping and torturing a young child. Who's child is next? If he gets away with this, it tells the world that Chatham County GA lets criminals walk. How is that for tourism for Savannah?

to know who kept putting off the trial. How many continuances did the defense ask for and get? What is the definition of "speedy"? Hell, re-indict him this week and try him next week. Wouldn't that be "speedy" enough?

I was horrified at what happened to her! (I have a daughter who was her age at the time.) Don't blame the judge for following the laws that have been put into place...that little girl's mother knew the man was a convicted child molester and let him near her daughter anyway. That's where most of the blame goes. I imagine she will have to live with that the rest of her life.

Every preacher, every civic rights group, every man and woman with any shred of decency should be up in arms over this. I'm ready to put my boots on and go to the courthouse and join in the riot! How in the HELL does this happened? We thought those idiots in Florida were off their rockers after their retarded judges and grand juries... This is going to make us the laughing stock of the country. No wonder crime is bursting at the seams around here - our entire judicial system is corrupt as all get! From the DA to the gavel toting judge - We might as well legalize child abuse and murder at this rate!

I just read your link...looked like a lawyer advertisement page. I don't see how these lawyers can sleep at night knowing they've probably got a cold blooded murderer off scot free. Hopefully, they'll re-indict him if they can, but somebody will yell double jeopardy, I'm sure.

was, depending on how Georgia's law is written ( I couldn't find it) the judge's hands may have been tied. Caddyshack could be right. Blaming her would be shooting the messenger. Blame the prosecution.

The sixth amendment needs to be amended if it is set up to let murderers walk free! Maybe change it based on the amount of evidence in the case. If there is a bunch of evidence proving reason to prosecute, then keep them in jail! If it is wishy-washy evidence, then maybe let them go. Just throwing out ideas here... glad to know our constitution let a murderer walk free. I feel really safe now.

I am certain she hates the situation, and feels terrible. But, the law is what it is, and to do otherwise would cost us taxpayers tons of money only to be overturned. I don't know this judge, but I do know OF her, and I have no doubt that she did not want to rule this way, but had no options.

It's too bad that the legal defense was able to outmaneuver the prosecutors. The defense got what they wanted with all the delays, knowing that an ethical judge could not deny that the 'speedy trial' hadn't taken place. :( My heart goes out to the memory of Ashley, whose own parent didn't look out for her.

That Freesemann noted Buckner would remain in jail for other crimes tells us that even the judge was searching for some reassurance that an "alleged" murderer and convicted child-molester would not have an opportunity to do it again. At least, not for a while.

It is simple. You have rules so people behave. You write them down so people know what they are and aren't supposed to do. You enforce these rules. You punish people for breaking them.

Everybody agree?

Now in the course of human civilization it has been shown that people, especially those in positions of authority, take advantage of this simple process. They will go into peoples' house without any reason, they will accuse people without giving people a chance to defend themselves, they will put people in jail without telling them the reason, they will require people to prove their innocence. This is common component of tyranny.

So at some point, some men figured out that they didn't like that the ruling types would do this sort of thing so decided to make another set of rules. The rules were for the people responsible for the first process and were intended to prevent abuse of that process which they knew people were likely to do.

In this country this is the Bill of Rights.

Do you like the Bill of Rights? You should. If you don't then you don't like your freedoms.

So, if you like your freedoms, you must be like this judge and do something she did not want to do and free that man.

Otherwise you step toward tyranny. You cannot have it both ways.

And it was simple enough for the DA to give him a trial in enough time. The rule isn't broken, the DA office is.

This is outrageous...this is so incredibly unfair,that there is no justice for Ashleigh. Her sorry for an excuse will do anything for a man mother need to be jailed. And that pedophile/rapist Buckner need a brick to back of his head

...should be treated as sacred. The judge did not rule cavalierly in this matter. She did her job. Sometimes, the guilty will go free when the state messes up or violates constitutional protections. It might be a bitter pill to swallow, but the Bill of Rights is there for the protection of us all. What if this guy was an innocent person, held in a jail for 9 years awaiting trial? Should the state have that power? Of course not.

The prosecutors may appeal the decision, and the appellate court will decide whether the trial judge got it right. But the comments criticizing the judge are misguided in my opinion. It seems rather evident that the judge did not take this case lightly.

all of these comments and not one shred of facts... fact.. it was his house that she moved into with her kids, fact she was a corrections officer who chased him and pursued him, fact there was an incident where a child came up missing in the mothers care... fact, the mother of ashley moore was extremely violent lied to officers and on television... fact check the police record on his child molestation conviction-----family did not press charges.... he was 18 she was 13/14..... and it was consented.....

Greg McConnell is indisputably the state's top prosecutor when it comes to crimes against children, and his protege, Isabel Pauley, is a tenacious advocate. Too bad Larry Chisolm wouldn't back their judgment and they left Chatham county for the DA's Office in a neighboring circuit. In their absence, Larry Chisolm has completely bungled and botched the Buckner prosecution: his hand-picked chief assistant, David Perry, didn't even bother to review the file! When Meg Heap is elected this November, I hope she'll hire back McConnell and Pauley--and the scores of other competent, experienced employees that Chisolm has run off--and bring back justice to Chatham county!

As bad as I hate to say it, precedent doesn't need to be set by allowing a person's constitutional rights to be violated because it would endanger the rights of every American citizen. That being said, the judge did what she had to do in that regard. Perhaps she could have denied the motion just let it be appealed. Perhaps the governor or the judicial ethics committee, whoever, whatever board with authority, needs to immediately review this matter as to the district attorney's lack of action. The district attorney needs to be impeached immediately if not sooner if that's possible. I would gladly participate in a march outside the courthouse demanding his resignation. In the end, God knows the truth and justice will prevail.

While this young ladies death is tragic and incomprehensible, the blame is not with the Judge Freesemann. Judge Freesemann followed the law. The DA has the opportunity to appeal Judge Freesemann’s decision. So we will have to wait and see what is done.

Additionally, check the calendar the DA at the time of the first indictment was not Larry Chisolm. Buckner was indicted in 2007. Larry Chisolm did not take office until 2009. The delays in prosecution post 2009 rest at the feet of the current DA, but don’t place all the blame with him. His predecessor had several years to get the case to trial also. Come Election Day voters must vote their conscience but please do so with all the facts not the skewed facts posted on this and other sites.

as much as I hate to say it, because this clown is scum of the Earth, you are 100% right. We guarantee every citizen of the USA the right to a fair and speedy trial by a jury of his/her peers. In this case, they should have waited until the State was ready to move on this case. Instead, they blew it. What's new. If I were on that side of the fence, I'd be fighting them to go forward with my case. For the State to wait 5 years, after a motion for a speedy trial had been filed, IS a clear violation of one's rights in this country. I hate it sometimes, but it's a necessary ruling and the judge made the appropriate call. To think, we held this f*&%er 5 years for nothing, really gets my blood pressure up!

He was in jail on already on other charges. If the body wasn't Ashleigh's, then who did they really find? Can they issue another indictment and get it right this time? There was a lot of stalling going on in this case. Justice for Ashliegh, Please!

I’m not a fan of Chisholm, democrats or lawyers but I am a fan of fair elections. Dirty politics is something that Savannah citizens have never tolerated (white or black).
So correct me if I’m wrong; what we have here is:
1. A judge that dismissed a murder case at her discretion solely to make Chisholm look bad (which is sad to play politics with this little girl’s life).
2. Heap, a former law clerk and friend of the same judge that granted the dismissal, giving a full blown press conference literally moments after the judge dismissed the case (coincidence?). Who is her advisor? They should give her better counsel. Hell, Sarah Palin would have shown more tact.
3. A discretionary dismissal of a murder case where the victim was a little black girl???
How many times has this happened in the history of Chatham County? Other than an election season, what makes this situation so unique as to warrant such liberal applications of the law? Nothing more than a shameless attempt to strengthen Heap's election hopes. The actions of the judge and Heap are inexcusable and will be remembered when it is time to vote. I reiterate, this is a absolutely disgusting. I vote Dwight Feemester for Superior Court Judge. My prayers are with the Moore family and shame on those who are trying to capitalize on the grief of this family.

The Constitution is to protect everyone. Buckner has always been adamant that he did not commit this particular crime; but, guilty or not, the Constitution is here to protect us all. In the last few years over 2,000 wrongly convicted citizens have been finally found not guilty and released after spending a great deal of their lives in prison after a wrongful conviction, and that's with apparent Constitutional protections.

The last thing the judge wanted to do was dismiss this case, but note the following:

(1) the child's body was found in 2003, Buckner wasn't charged until 2007, trial was delayed ten (10) times by, because of, or without record opposition by the DA, and it's now 2012;

(2) it wasn't until four years after indictment, 2011, and just prior to the latest trial setting, that the DA decided to seek the death penalty, which delayed the trial, again, including because new counsel with death penalty experience had to be appointed for Buckner, multiple new motions concerning the change had to be filed and heard, etc. --- then, four months after the death penalty notice, after all this, the DA changed his mind again and dropped the request for the death penalty; and,

(3) besides the death, and memory failures, of witnesses over nine years, the DA / police (a) apparently lost fingerprint evidence, (b) destroyed hairs found on the child's body, (c) lost taped interviews of key witnesses, and (d) apparently lost the notes of a GBI agent who had found police tampering with the crime scene.

The case before this one that was last in SavannahNow was about a defendant obtaining one year in prison on a plea to a weapon violation after two days of trial of the defendant for murder, robbery and assault because the DA didn't interview witnesses pretrial and important evidence was excluded because the police screwed up the chain of custody.

It appears that the DA and the police are becoming criminals' best friends.

The DA can appeal; however, if the order stands, Buckner cannot be tried for the crimes for which he was indicted, the indictment being dismissed. To have it otherwise would gut the Sixth Amendment, one of the basic provisions of our Bill of Rights. Regardless, this case should have been tried long before the years that expired between the indictment and the dismissal order under any system that values the individual citizen in relation to the power of government.